In the media
Victorian union organiser facing multiple claims in
Federal Court
Victorian CFMEU official Joseph Myles has been put before
the courts over allegations he repeatedly breached workplace laws
at the Springvale Level Crossing Removal between 19 June 2013 and 1
April 2014 (10 March 2016).
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Gas industry, activists at odds over US case of
'negligent' well drilling
Australia's gas industry and anti-fracking
campaigners are closely watching the ramifications of a US court
case that found a company was negligent in its natural gas drilling
in Pennsylvania (11 March 2016).
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Case note: US jury has decided that Cabot Oil and Gas Corporation was "negligent" in its drilling program, and created a "private nuisance by contaminating water wells" owned by two nearby families.
Strong new quality standards for solar products
An independent testing program is being introduced for
solar panels and inverters to ensure that the actual performance of
products being sold in Australia meets marketing claims. Products
that are not up to standard will be removed from the CEC's list
of approved products (11 March 2016).
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Expansion of carbon certification to include committee
for cities, precincts and buildings
The Australian
National Carbon Offset Standard was introduced in 2010 to
set requirements for businesses, products, services and events
seeking carbon neutrality. An Expert Committee has been formed to
expand the current scheme as well as work towards a carbon-neutral
certification for buildings, with the first meeting to be held in
April 2016 (08 March 2016). More... More...
More than $11 million in inland rail contracts
awarded
The Australian Rail Track Corporation has awarded more
than $11 million in contracts in recent weeks to progress planning
on the Inland Rail project. The contracts include a range of
crucial field studies and environmental assessments across three
states (08 March 2016).
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Formwork code helps form safer workplaces for Queensland
construction workers
Workers dealing with formwork on Queensland construction
sites will now work in safer environments following the release of
a remade Formwork Code of Practice (08 March 2016).
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Australia's banks face rising bad debt charges as
mining fades
Bad-debt provisions at the lenders are set to rise to
their highest in eight years by 2018, as the chances of defaults in
the mining, agricultural and dairy sectors increase, according to a
survey by Bloomberg (07 March 2016).
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New green building partnership to push best practice
boundaries
The Green Building Council of Australia, the Living
Future Institute of Australia and the International Living Future
Institute have signed a memorandum of understanding which
outlines a commitment to work towards common goals in the high
performance buildings realm in Australia (02 March 2016).
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Moree Solar Farm starts feeding into the grid
The Australian Renewable Energy Agency and Clean Energy
Finance Corporation today welcomed the news that the Moree
Solar Farm in Northern New South Wales had successfully achieved
first generation (01 March 2016).
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Grab opportunity to build very fast train now, says
former trade minister Andrew Robb
The Commonwealth is no closer to committing to a very
fast train with the Abbott government's decision in 2013 to
protect identified rail corridors but abolish the High Speed Rail
Advisory Group (29 February 2016).
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Victoria
Melbourne traffic woes better solved with rail than
upgraded roads, transport expert says
A joint study between Melbourne University and RMIT also
found the public transport network would be improved by more
elevated train lines, or a "sky rail" network (02 March
2016).
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Record $27 billion Victorian building permits in
2014
New data released from the Victoria Building Authority
shows that the state had a record value of building permits
reported in calendar year 2014 of $27 billion, with all regions of
the state reported an increase on the previous calendar year (02
March 2016).
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Government's response: Independent advisory
committee's first report
The report included 40 recommendations focusing on
transport, future infrastructure, design controls, community
engagement and sustainability – 34 of which have been adopted
in full and six in part, including the need for a new planning
taskforce dedicated to drafting plans (01 March 2016). More...
New South Wales
Sydney Metro Northwest's Skytrain
underway
The first section of Sydney Metro Northwest's
Skytrain is complete, meeting another important milestone for
Australia's biggest public transport project (09 March
2016).
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Western Sydney airport high speed rail link
essential
Announcements by Prime Minister Malcolm Turnbull that a
high speed rail link must be ready for the opening of the Western
Sydney Airport in 2026 is good news, says the Urban Taskforce (11
March 2016).
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Urban Taskforce submission: Role of transport
connectivity on stimulating economic activity and development
The Urban Taskforce submission highlights the need for an
equitable and transparent approach to value capture associated with
the provision of new transport infrastructure and outlines a range
of options to fund transport infrastructure (29 March 2016).
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Queensland
Palaszczuk Government's vision for Queensland's
infrastructure released
The Palaszczuk Government has released Queensland's
first State Infrastructure Plan in more than three years and
announced the establishment of a new State Infrastructure Fund,
with an injection of $500 million, to build the infrastructure
needed to grow the economy and support (13 March 2016).
More...
Enforcement orders issued against Queensland Nickel
Sales
Hours after transferring an Environmental Authority
permitting Queensland Nickel Sales to operate the Yabulu refinery,
the Department of Environment and Heritage Protection has served
enforcement orders demanding the company take action to ensure the
environment is protected (11 March 2016).
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Linc Energy committed for trial
Linc Energy Limited has been committed to stand trial in
the District Court at Dalby, at a date to be set, on five charges
of wilfully causing serious environmental harm, in contravention of
the Environmental Protection Act 1994 (11 March
2016).
More...
Queensland home building pipeline still strong
There is plenty of work in the home building pipeline
despite signs of new work peaking according to Housing
Industry Association (HIA)(09 March 2016).
More...
Published
Australian Bureau of Statistics
01/03/2016 - Building Approvals, Australia - Jan 2016 (cat no. 8731.0).
29/02/2016 - Mineral and Petroleum Exploration, Australia - Dec 2015 (cat no. 8412.0).
State Infrastructure Plan (Queensland)
The long-term State Infrastructure Plan outlines
significant reforms to the way Queensland plans, prioritises and
invests in infrastructure, and follows the establishment of
Building Queensland as an independent infrastructure advisor to
government and Market Led Proposals to encourage new private sector
investment (13 March 2016).
More...
Practice and courts
Tradespeople and homeowners warned of immediate risks
from Infinity electrical cables
The Infinity cables taskforce is distributing a bulletin
to licensed electricians and builders throughout the country
reminding them of their obligations under industry laws, and
advising them about their potential liability if they fail to
notify home owners and regulators (02 March 2016).
More...
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Announcements, Draft Policies and Plans released 2015
PCA submission: Review of Security of Payment
legislation
Fair Trading is conducting a full review of the
Building and Construction Industry Security of Payment Act
1999. The security of payment laws are designed to
ensure that a person can receive payment under a construction
contract for carrying out construction work or providing any goods
and services related to that work (02 March 2016).
More...
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New adjudication qualification course starts April
2016
A three day course will be delivered by Contract
Administration Group Pty Ltd.
More...
Have your say on the Security of Payment discussion
paper
The Security of Payment discussion paper has now been
released and is available for detailed feedback. This aims to
improve security of payment for subcontractors in the building and
construction industry. Submissions close on 31 March 2016.
More...
Queensland Building and Construction Commission Disciplinary actions
Licensees suspended or cancelled - 28 February to 6 March 2016 (PDF).
Licensees excluded - 28 February to 6 March 2016 (PDF).
Victorian Building Regulations have been extended
On Tuesday 16 February 2016, the Governor made the
Subordinate Legislation (Building Regulations 2006) Extension
Regulations 2016, which extends the operation of the Building
Regulations 2006 until 5 June 2017.
More...
Cases
Thiess Pty Ltd and John Holland Pty Ltd v Parsons
Brinckerhoff Australia Pty Ltd [2016] NSWSC
173
CONTRACT – building and construction –
plaintiffs' joint venture responsible for construction of
project – claims brought against four defendants –
first, second and fourth defendant no longer a party to proceedings
– claims against those defendants remain relevant to
determination of liability of third defendant CONTRACT –
breach of contractual obligations by third defendant – where
third defendant responsible for reviewing and reporting on
suitability of designs of first and second defendants in conditions
actually experienced– failure of third defendant to
continually review and report on designs in the changing conditions
of the project - breach of contractual obligations proved –
causation also proved NEGLIGENCE – s 5O of Civil Liability
Act – whether widely accepted peer professional opinion
available as a defence for third defendant – expert evidence
fails to support this argument – defence fails DAMAGES
– apportionment of damages between first, second and third
defendants – where primary responsibility allocated to first
and second defendants – where all those parties caused
significant, independent loss – court held third defendant
liable for 1/3 of agreed damages.
More...
Bergman v CGU Insurance Ltd
[2016] VSC 81
INSURANCE – Non disclosure – Property
comprising land and residential buildings purchased by insured with
intention to demolish buildings and build new family residence when
circumstances permitted – Property leased in meantime –
Insured did not disclose intention to demolish buildings when
effecting property insurance – Fire at property during policy
period – Whether intention to demolish relevant to the
insurer's risk and ought to have been disclosed – Whether
insurer would have declined risk on any terms if intention
disclosed – Held: material non-disclosure relevant to risk
and insurer's liability under policy should be reduced to nil
– Insurance Contracts Act 1984 (Cth) ss 21, 28.
INSURANCE – Misrepresentation – Question in
insurance proposal as to whether insured property 'to be
demolished' – Proposed insured intended to demolish when
circumstances permitted – Whether insured's answer
'no' contained representation that he did not intend to
demolish – Whether representation false – Held: answer
wrong and amounted to misrepresentation at inception of policy
– Whether misrepresentation a continuing representation on
later renewals of policy – Held: representation continued at
later renewal – Fire at property during policy period –
Whether insurer would have declined risk on any terms if question
answered correctly – Held: insurer's liability under
policy should be reduced to nil – Insurance Contracts Act
1984 (Cth) ss 26, 28; Limit No 2 Ltd v AXA Versicherung
AG [2009] Lloyd's Rep I.R. 396, 403 [26], 403–4
[27]; FAI v McSweeney & Ors (1999) 10 ANZ Ins Cases
61–443 at 75,052–4; Sutton on Insurance Law Thomson
Reuters, 4th ed, Volume 1, 618–9 [7.940], 622–3
[7.960], considered. More...
Harrop Engineering Australia Pty Ltd v Beauville Pty
Ltd [2016] VSC 17
CONTRACT – Sale of businesses – Common
mistake – Rectification – Construction of the contract
– Alleged breaches not established – Variation –
Breach – Loss not established – Whether further
adjustments to purchase price required. More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.